Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

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Family Law, 12th April 2018

Source: www.familylaw.co.uk

Removing a party to proceedings: A Local Authority v F and others – Family Law

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

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Family Law, 27th March 2018

Source: www.familylaw.co.uk

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

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Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty – Family Law

‘In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Family Drug and Alcohol Courts to expand across London – Local Government Lawyer

Posted March 1st, 2018 in alcohol abuse, care orders, courts, drug abuse, families, family courts, London, news by sally

‘The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.’

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Local Government Lawyer, 28th February 2018

Source: www.localgovernmentlawyer.co.uk

Local authorities and learning disabled parenting (A Local Authority v CG and others) – Family Law

‘A case concerning the parental suitability of two parents with mental health and learning difficulties offers a number of lessons that can help local authorities to better manage such challenging circumstances. Emma Harman, counsel for the mother, and Omar Malik, for the father, both of 3 Paper Buildings, outline the most salient issues for practitioners and local authorities to be aware of.’

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Family Law, 18th January 2018

Source: www.familylaw.co.uk

Children to be adopted as ‘kisses and cuddles not enough’ – BBC News

Posted January 11th, 2018 in adoption, care orders, learning difficulties, news, social services by tracey

‘Two children have been taken from the care of their mother, who has a learning disability, after a judge said “kisses and cuddles are not enough”.

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BBC News, 10th January 2018

Source: www.bbc.co.uk

The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

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Family Law, 9th January 2018

Source: www.familylaw.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Judge hits out at lack of provision of secure accommodation for teenager – Local Government Lawyer

Posted November 29th, 2017 in care orders, mental health, news, young persons by sally

A judge is to protest to ministers for the second time in a year about the lack of secure accommodation for vulnerable young people.

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

How can the courts protect children from extremism? – Family Law

Posted November 24th, 2017 in care orders, children, families, guardianship, news, terrorism by tracey

‘Complex cases involving the children of families in which there are adults suspected of undertaking activities linked to terrorism or of involvement in radicalisation are facing family judges up and down the country as child protection services grapple to deal with the immediate effects of extremism.’

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Family Law, 23rd November 2017

Source: www.familylaw.co.uk

Out of Hours Order Under High Court’s Jurisdiction in Relation to Vulnerable Adults for Removal From Home and Detention in Hospital – No Claim Under HRA 1998 in Respect of Judicial Act – Garden Court Chambers

Posted November 23rd, 2017 in care orders, detention, hospitals, human rights, jurisdiction, news by sally

‘AM brought a claim for a declaration against the Lord Chancellor alleging breaches of Human Rights Act 1998 arising out of a judicial act, namely an order made in April 2016 by Mostyn J under the High Court’s inherent jurisdiction in relation to vulnerable adults.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Father tried to kill girl to repair his relationship, UK judge finds – The Guardian

Posted November 14th, 2017 in attempts, care orders, child abuse, murder, news by tracey

‘A man twice tried to suffocate his infant daughter thinking her death might help heal his relationship with his partner, a judge has concluded.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Muslim father ‘ordered’ by judge not to impose Islam on his children – The Independent

Posted November 2nd, 2017 in care orders, children, families, freedom of expression, Islam, news by tracey

‘A Muslim father whose three children are being cared for by a Christian foster family was told by a judge he must not “pressure” them about Islam.’

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The Independent, 1st November 2017

Source: www.independent.co.uk

Lack of secure accommodation – ‘blood on our hands’? – Family Law

Posted October 24th, 2017 in care orders, children, detention, housing, mental health, news, self-harm, young persons by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

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Family Law, 23rd October 2017

Source: www.familylaw.co.uk

Chris Ferguson discusses; Proportionality and Integrity – Park Square Barristers

Posted October 20th, 2017 in care orders, children, fostering, grandparents, news, placement orders, proportionality by sally

‘Not long ago I represented a pair of maternal grandparents in a case in Teesside. They had been closely involved with the family over a period of years, although the mother of the two girls at the heart of the case had moved away (not far) during recent times. The mother had various problems and the father barely featured in the proceedings. A few years back the grandparents had actually taken the older girl under their wing for a while (prior to the birth of her sister) and the girls’ older brother was living with them full time under a court order.’

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Park Square Barristers, 6th October 2017

Source: www.parksquarebarristers.co.uk

​Lack of secure accommodation – “blood on our hands”? – Zenith Chambers

Posted October 20th, 2017 in care orders, children, news, self-harm by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

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Zenith Chambers, 18th October 2017

Source: www.zenithchambers.co.uk

‘Narcissistic cult’ brothers put into care – BBC News

Posted October 10th, 2017 in care orders, children, families, mental health, news by sally

‘Three teenage brothers should be taken from their mother and put into care, having developed a “narcissistic cult” mentality, a High Court judge has said.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk